|
<PAGE>
EXHIBIT 10.16
ADDENDUM TO LEASE AGREEMENT
BETWEEN
REED ROAD INDUSTRIAL PARK LLC #1, LANDLORD
AND
OCEAN POWER TECHNOLOGIES, INC., TENANT
1. This Addendum to Lease Agreement is executed on the 27th day of
January,
2006, and specifically and expressly is incorporated into the
Lease
Agreement, dated August 30, 2005. In the event of any inconsistency
or
discrepancy, the terms, covenants, conditions and provisions of the
within
Addendum to Lease Agreement shall supersede and prevail over those
set
forth in the said Lease Agreement.
2. Landlord and Tenant acknowledge that Tenant is desirous of
expanding its
existing demised premises ("Existing Premises") to include
adjacent
premises consisting of 1,100 square feet of office space and 2,000
square
feet of warehouse space ("Expansion Space"). Tenant shall accept
the
Expansion space in an "AS IS" condition and Landlord shall not be
required
to make any changes, install any improvements or prepare the
Leased
Premises in any way for occupancy in accordance with the terms of
the Lease
Agreement except that Landlord shall, at its sole cost and expense,
clean
the windows, bathrooms, carpeting, light fixtures, etc., replace
carpeting
in front offices (ground level), repaint said offices and complete
a punch
list of repair items as prepared by Tenant and approved by
Landlord.
3. The Term for the Expansion Space shall commence on February 1,
2006
("Expansion Commencement Date") and shall terminate on April 30,
2013.
4. Commencing with the Expansion Commencement Date, the Annual
Rental and
Additional Rental for the Expansion Space shall be as follows:
ANNUAL RENTAL
<TABLE>
<CAPTION>
SPACE PER SQUARE FOOT ANNUAL RENTAL MONTHLY RENTAL
----- --------------- ------------- --------------
<S> <C> <C> <C>
Office $15.00 $16,500.00 $1,375.00
Warehouse $ 6.75 $13,500.00 $1,125.00
---------- ---------
TOTAL $30,000.00 $2,500.00
========== =========
</TABLE>
-1-
<PAGE>
ADDITIONAL RENTAL
3,100 square feet presently @ $3.48 per square foot =
$10,788.00
($899.00 per month)
(THIS AMOUNT IS SUBJECT TO ANNUAL INCREASES BASED UPON ACTUAL
TRIPLE NET COSTS, DEFINED IN THE LEASE AGREEMENT AS ADDITIONAL
RENTAL)
TOTAL MONTHLY PAYMENT OF ANNUAL RENTAL AND ADDITIONAL RENTAL =
$3,399.00
5. Upon execution of the within Second Addendum, Tenant shall pay
over to
Landlord the sum of $6,798.00, which sum shall constitute
additional
Security Deposit. In addition, Tenant shall pay to Landlord the sum
of
$3,399.00, constituting the first month's Annual Rental and
Additional
Rental for the Expansion Space.
6. All remaining terms, covenants, conditions and provisions of the
said Lease
and Addenda/Schedules shall remain in full force and effect.
WITNESS/ATTEST: REED ROAD INDUSTRIAL PARK LLC #1
LANDLORD
/s/ (illegible) BY: /s/ John Lovero Jr.
-------------------------------------
------------------------------------
JOHN LOVERO, JR., MANAGING MEMBER
OCEAN POWER TECHNOLOGIES, INC,
TENANT
/s/ Mary P. Mikula BY: /s/ Charles F. Dunleavy
-------------------------------------
------------------------------------
SECRETARY CHARLES F. DUNLEAVY,
VICE PRESIDENT - FINANCE
-2-
<PAGE>
LEASE AGREEMENT
THIS LEASE AGREEMENT is made this 30 day of August, 2005, but
effective as
of May 1, 2005, between REED ROAD INDUSTRIAL PARK LLC #1, with an
office at 1580
Reed Road, Pennington, New Jersey 08534 (hereinafter called
"Landlord") and
OCEAN POWER TECHNOLOGIES, INC., with an office at 1590 Reed Road,
Pennington,
New Jersey 08534 (hereinafter called "Tenant");
1. The Landlord hereby demises and leases to the Tenant and the
Tenant
hereby hires and takes from the Landlord for the term and upon the
rentals
hereinafter specified the Demised Premises, as follows:
<TABLE>
<S> <C>
SUITE 101 A: 4,028 square feet of warehouse space
3,032 square feet of office space
SUITE 102 A: 1,500 square feet of warehouse space (old NJA
space)
500 square feet of office space
SUITE 103 A: 600 square feet of warehouse space (old Westbrook
space)
1,400 square feet of office space
1,400 square feet of mezzanine space
SUITE 102B: 1,250 square feet of warehouse space (old Neumed
space)
2,450 square feet of office space
525 square feet of mezzanine space
SUITE 103B: 3,010 square feet of warehouse space (old Aux
space)
1,365 square feet of office space
300 square feet of mezzanine space
</TABLE>
in the Reed Road Industrial Park located at 1590 Reed Road
("Building"), in the
Township of Hopewell, County of Mercer, and State of New Jersey
("Schedule A"),
to be used as office, research, light assembly, warehousing and
light storage
(mezzanine) ("Permitted Uses") for a Term of eight (8) years
commencing
effective May 1, 2005 ("Lease Commencement Date") and ending on
April 30, 2013
("Lease Termination Date").
2. A. Tenant shall pay to Landlord an Annual Rental plus Additional
Rental
as set forth on Schedule B, annexed hereto and made a part hereof,
which Tenant
covenants to pay to the Landlord or its duly authorized agent. At
the end of
each lease year, there shall be an accounting and any necessary
adjustment made
as well as an estimation of all Additional Rental
-3-
<PAGE>
anticipated for the ensuing lease year and Tenant's monthly payment
of
Additional Rental shall be adjusted accordingly. Landlord shall
always furnish
Tenant with the prior lease year's total cost of Additional Rental
which shall
include reasonable and customary operating expenses, including, but
not limited
to, taxes, insurance, snow removal, lawn care, management fees,
replacements,
repairs and maintenance. Any and all replacements shall be the
financial
responsibility of Tenant and the cost of all replacements which
constitute
capital improvements, shall be determined under generally accepted
accounting
principles consistently applied and amortized over the useful life
of said
capital improvements.
All payments of Annual Rental and Additional Rental shall be
delivered to
Landlord at 1580 Reed Road, Pennington, New Jersey 08534 or to such
authorized
agent as the Landlord may from time to time designate, in equal
monthly
installments, on the first day of each month, during the said Term
in advance.
B. Notwithstanding the foregoing, the following shall be excluded
from
Additional Rental:
(i) Income, franchise, transfer, inheritance, excess profit and
capital stock taxes;
(ii) Any real estate taxes attributable to additions to the
Building if such construction does not benefit all tenants
in the Building in which the Demised Premises is located
(unless such addition yields new rentable space);
(iii) Interest, points, fees and amortization;
(iv) Depreciation;
(v) Principal payments of mortgage and other non-operating
debts
of Landlord;
(vi) Costs of correcting defects in the original construction
of
the Building;
(vii) Attorney's fees and other costs incurred in leasing space
and/or enforcing leases of other tenants;
-4-
<PAGE>
(viii) Salaries and benefits and other compensation for any
executive more senior than the manager of the Building;
(ix) Financing or refinancing costs;
(x) Costs in connection with a transfer or sale of the
Building;
(xi) Preparation of space for other tenants' occupancy,
including
legal fees and brokerage commissions;
(xii) Lease concessions, including rental abatements and
construction allowances;
(xiii) Expenses arising out of Landlord's negligence, willful
misconduct or breach of any law;
(xiv) Costs of repairs or restoration incurred by Landlord and
covered by the amount of Landlord's insurance, as required
under the Lease, and excluding any deductible, condemnation
or third parties;
(xv) Any increase in insurance premiums to the extent that such
increase is caused or attributable to the use, occupancy or
act of another tenant and any premiums for any insurance
carried by Landlord which is not customarily carried by
other reasonably prudent landlords in comparable
office/warehouse buildings in the area in which the Building
is located;
(xvi) Ground rent or costs in consummating a ground lease;
(xvii) Organizational expenses associated with the creation and
operation of the entity which constitutes Landlord and all
general corporate overhead and general administrative
expenses not related to the operation of the Building;
(xviii)All additions to reserves including bad debts and rent
loss reserves;
(xix) The cost of any political or charitable contribution or
donation;
(xx) The cost of purchasing, installing and replacing art work
in
the Building;
-5-
<PAGE>
(xxi) All items for which Tenant or any other party compensates
Landlord such that no duplication of payment shall occur;
(xxii) Any cost or expense related to removal, cleaning,
abatement or remediation of hazardous substances or asbestos
in or about the property on which the Building is erected,
to the extent same were placed or caused to be placed there
solely by Landlord or other tenants;
(xxiii)The creation of new parking spaces for the Building.
Notwithstanding the foregoing, Landlord makes no
representation as to new, additional or relocation of
existing parking spaces for Tenant's use.
3. Landlord and Tenant hereby acknowledge and agree that Tenant
previously
paid over to Landlord the total sum of $12,880.86 constituting the
requisite
Security Deposit. Said Security Deposit shall continue to be held
by Landlord as
security for the faithful performance by Tenant of all conditions
to be
performed by Tenant under this Lease. Tenant shall, upon execution
of the within
Lease, pay over to Landlord an additional sum of $27,694.02, which
sum
constitutes additional Security Deposit, so that the total Security
Deposit held
by Landlord shall be equal to two (2) months Annual Rental and
estimated
Additional Rental ($40,574.88) as security for the faithful
performance and
observance by Tenant of the terms, provisions and conditions of
this Lease.
Tenant shall deliver to Landlord a Certificate of Deposit, in the
aforesaid
amount of $27,694.02, which Certificate of Deposit shall be in the
name of
Landlord with interest accruing thereon to the benefit of Tenant.
In the event
that Tenant defaults in respect of any of the terms, provisions and
conditions
of this Lease, including without limitation, the payment of Annual
Rental and
Additional Rental, Landlord may use, apply or retain the whole or
any part of
the Security Deposit to the extent required for the payment of any
Annual
Rental, Additional Rental or any other sum as to which Tenant is in
default or
for any sum which Landlord may expend or may be required to expend
by reason of
Tenant's default in respect of any of the terms, covenants and
conditions of
this Lease, including, without limitation, all reasonable
attorneys', brokers'
and other professional fees and expenses and any damages or
deficiency in
reletting the Demised Premises accrued before or after any summary
proceedings
-6-
<PAGE>
or other re-entry by Landlord. Such sum shall be returned to the
Tenant within
thirty (30) days after the expiration of the Term of this Lease
provided the
Tenant has performed all of the terms, provisions and conditions
required
hereunder.
4. The Landlord covenants that the Tenant, upon paying the said
Rental and
performing the covenants and conditions in this Lease contained,
shall and may
peaceably and quietly have, hold, and enjoy the Demised Premises
for the Term
aforesaid, subject, however, to the terms and conditions set forth
in the within
Lease.
5. Tenant shall not permit any Notice of Unpaid Balance or
Construction
Lien to be filed against the Demised Premises by reason of work,
labor, services
or materials performed or furnished to Tenant by anyone. If any
such Notice or
Lien shall at any time be filed, Landlord may remove said Notice or
Lien by
paying the full amount thereof without investigating the validity
thereof, and
Tenant, upon demand, as Additional Rental, shall pay to Landlord
the amount so
paid by Landlord in connection with the discharge of such Notice or
Lien,
together with expenses incurred in connection therewith, including
reasonable
attorneys' fees and costs.
6. Tenant covenants to pay the said Rental punctually without any
previous
demand therefor and without any deduction or abatement. At any time
during the
Term of this Lease, should the Tenant be in default of any monetary
obligation
hereunder, then, and in such event, Landlord may demand from Tenant
current
financial statements, by giving Tenant ten (10) days prior written
notice of
such demand. Such financial statements shall be prepared in
accordance with
generally accepted accounting principles.
7. This Lease is subject and subordinate to all present or
future
mortgages, deeds of trust, ground leases, and other encumbrances
affecting the
Demised Premises or the property of which said Demised Premises is
a part. The
Tenant agrees to execute, at no expense to the Landlord, any
customary
subordination and attornment agreement which may be deemed
necessary or
desirable by the Landlord to further effectuate the subordination
of this Lease
to any such mortgage, ground lease, deed of trust or encumbrance.
In addition,
Tenant shall execute any requested estoppel certificates. The
Tenant shall
execute and deliver any such instrument or instruments within ten
(10) days
after Landlord's request therefor.
8. A. The Tenant shall not be permitted to assign the within Lease
nor
sublet the Demised Premises, in whole or in part, nor permit or
cause any lien,
including, without
-7-
<PAGE>
limitation, any mortgage or lien or security interest arising by
operation of
the Uniform Commercial Code, or encumbrance, including, without
limitation, any
collateral assignment or any assignment whatsoever with respect to
any
institutional or other financing, without the prior written consent
of Landlord,
which consent may be withheld in Landlord's sole and absolute
discretion. Any
lawful levy or sale or execution or other legal process, or any
compulsory
procedure, shall be deemed an impermissible assignment within the
meaning of
this Lease.
B. Notwithstanding the foregoing, Landlord shall not
unreasonably
withhold, delay or condition its consent to an assignment of this
Lease or
subletting of the Demised Premises, subject to compliance with all
of the
conditions enumerated below:
(i) Intentionally Omitted
(ii) The operation being conducted in the Demised Premises
shall
remain unaffected and any such assignee or other transferee shall
use the
Demised Premises only for the Permitted Use; and
(iii) The assignment or subletting must be all of Tenant's
leasehold interests and of the entire Demised Premises, and shall
in the case of
assignment also transfer to the assignee all of the Tenant's rights
in, and
interest under, this Lease including the security, if any,
deposited hereunder;
and
(iv) At the time of such assignment or subletting this Lease
must
be in full force and effect without any breach or default
thereunder on the part
of the Tenant; and
(v) The assignee or sublessee shall assume, by written
recordable
instrument, in form and content satisfactory to Landlord, the due
performance of
all of Tenant's obligations under this Lease, including any accrued
obligations
at the time of the assignment or subletting; and
-8-
<PAGE>
(vi) Any such assignee or sublessee shall have had substantial
and adequate business experience and such assignee or sublessee
shall be
financially qualified to carry on such business in the Demised
Premises; and
(vii) The proposed assignee/subtenant shall provide financial
statements setting forth its net worth, which shall demonstrate its
ability to
perform all of the terms and provisions of the Lease; and
(viii) A copy of the assignment or sublease and the original
assumption agreement (both in form and content satisfactory to the
Landlord)
fully executed and acknowledged by the assignee or sublessee shall
be delivered
to the Landlord at least ten (10) days prior to the effective date
of such
assignment or subletting; and
(ix) Such assignment or subletting shall be upon and subject to
all the provisions, terms, covenants and conditions of this Lease
and the Tenant
(and any assignee/subtenant) shall continue to be and remain liable
thereunder;
and
(x) Tenant shall reimburse Landlord for Landlord's attorneys'
fees for examination of and/or preparation of any documents in
connection with
such assignment or subletting; and
(xi) Such assignment/subletting shall be at a rental which is
equal to or greater than the rental which Landlord is then asking
for other
space within the Building. Landlord shall have the right to
recapture from any
consideration paid to Tenant any surplus from any assignment or
subletting in
excess of the rental Tenant is obligated to pay Landlord under this
Lease; and
-9-
<PAGE>
(xii) Landlord shall revisit the issue of an increase in
Security
Deposit and the necessity of a Guaranty(ies), which shall be
determined in
Landlord's reasonable commercial discretion; and
(xiii) Any such assignment or sublease agreement shall contain
an
express and specific prohibition against any additional assignment
or subletting
by such assignee or subtenant; and
(xiv) No assignment or subletting shall be permitted which will
be violative of any exclusive or restrictive rights granted to any
present or
future tenant, assignor or subtenant; and
(xv) If any such assignment or subletting runs to the end of
the
initial Term, or to the end of any Renewal Term, then Landlord
shall have the
option to recapture said space and such shall be considered to be
an offer by
Tenant to Landlord to assign this Lease, as respects the
proposed
assigned/sublet area to Landlord; and
(xvi) Such assignee/subtenant shall not be an affiliate of an
existing tenant of Landlord nor one with whom Landlord, or any of
its
affiliates, is (or has, within the preceding nine months)
negotiating with for
space; and
(xvii) Tenant's failure to strictly comply with all the
provisions and conditions of this Section, and all the subsections
hereof,
shall, at Landlord's option, render any purported assignment or
subletting null
and void and of no force and effect.
9. Tenant, during the Term hereof, shall keep, and at the
expiration hereof
deliver up, the Demised Premises in as good order and condition as
the same now
are or may hereafter be put, reasonable wear and tear and damage by
unavoidable
casualty being alone excepted. If the Tenant fails to remove any
property or
trade fixtures from the Demised Premises at the expiration or
earlier
termination of this Lease, said property shall be deemed abandoned
and Landlord
may cause the same to be removed or sold, either privately or
publicly, without
notice
-10-
<PAGE>
to Tenant, and Landlord may retain all proceeds from any such sale
without any
accounting or liability to Tenant. Tenant will not make any
alterations,
additions or improvements to the Demised Premises without
Landlord's prior
written consent, which consent shall not be unreasonably withheld,
delayed nor
conditioned, and all alterations, additions and improvements made
by either of
the parties hereto upon the Demised Premises, shall be the property
of the
Landlord, excluding Tenant's trade fixtures, furniture, equipment
and other
personal property, and shall remain upon and be surrendered with
the Demised
Premises at the expiration or earlier termination of this Lease,
excepting if
Landlord notifies Tenant that Landlord desires any and all
alterations,
additions or improvements be removed by Tenant, which removal, and
any and all
damages caused by such removal, shall be at Tenant's sole cost and
expense.
Notwithstanding the foregoing, Tenant shall not make any
non-structural
alterations, renovations, improvements or other installations in,
on or to the
Demised Premises, or any part thereof, (including, without
limitation, any
alterations of the signs, structural alterations, or any cutting or
drilling
into any part of the Demised Premises or any securing of any
fixture, apparatus
or equipment of any kind to any part of the Demised Premises)
unless and until
Tenant shall have caused plans and specifications therefor to have
been
prepared, at Tenant's expense, by an architect or other duly
qualified person
and shall have obtained Landlord's reasonable written approval
thereof, which
approval shall not be unreasonably withheld nor delayed. If such
approval is
granted, Tenant shall cause the work described in such plans and
specifications
to be performed, at its expense, promptly, efficiently and
competently by duly
qualified or licensed persons or entities without interference with
or
disruption of the operations of tenants or other occupants of the
Building. All
such work shall comply with all applicable laws, codes, rules,
regulations and
ordinances. In addition, Tenant may not disturb or tamper with
Landlord's HVAC,
mechanical, electrical and plumbing equipment that have been
installed within
the Demised Premises or Building.
10. A. The Landlord shall obtain and maintain, during the Term of
this
Lease, fire insurance with full extended coverage in an amount
equivalent to the
full replacement value of the insurable improvements to the Demised
Premises,
including insurance coverage against damage to the building and/or
its contents.
Said insurance, in any event, shall not be less than the amount of
any bona fide
mortgage which may be placed on the Demised Premises by Landlord
and shall be in
such form as any such bona fide mortgagee shall require with an
authorized and
recognized fire insurance company authorized to do business in the
State of New
Jersey.
-11-
<PAGE>
B. Tenant covenants and agrees that it shall carry liability
insurance, which said insurance shall be in the minimum amount of
One Million
Dollars ($1,000,000.00) per accident for one (1) person, Two
Million Dollars
($2,000,000.00) per accident for two (2) or more persons, and a
minimum amount
of One Hundred Thousand Dollars ($100,000.00) for property damage,
and Tenant
further covenants and agrees that it shall add Landlord as an
additional
insured, shall furnish Landlord with a Certificate of said
liability insurance
prior to taking possession of Demised Premises and shall, annually,
furnish
Landlord with a copy of said Certificate, together with proof of
payment. No
such policy shall be cancellable without at least thirty (30) days
prior written
notice to Landlord.
C. Tenant shall not do nor permit anything in the Demised Premises
or
bring or keep anything therein that shall, in any way, increase the
rate of fire
insurance in the building in which the Demised Premises is located,
or on the
property kept therein, or obstruct or interfere with the rights of
other
tenants, or in any way injure or annoy them or those having
business with them,
or conflict with the regulations of the fire department or the fire
laws or with
any insurance policies upon the building in which the Demised
Premises is
located, or any part thereof. Tenant shall comply with any and all
laws, rules
and ordinances established by the Board of Health or other
governmental agencies
or authorities. In the event there is any increase in the fire
insurance
premiums as the result of the acts or omissions of the Tenant, its
agents,
servants, or employees, Tenant hereby covenants to pay on demand,
as Additional
Rental an amount equal to the aforesaid increase in insurance
premiums.
D. All policies of liability insurance to be provided by Tenant
or
Landlord pursuant to this Paragraph covering and insuring the
Demised Premises,
shall expressly waive any right of subrogation on the part of the
insuror
against Landlord or Tenant, as applicable, which right, to the
extent not
prohibited or violative of any such policy, is hereby expressly
waived by Tenant
against Landlord and waived by Landlord against Tenant. This
paragraph and the
waiver of claims/subrogation has priority over any other clause of
the Lease
which may be in conflict.
11. Tenant shall have the right to erect a sign on exterior of the
Building
subject to Landlord's consent, and approval of Hopewell Township
zoning or
ordinances; and such sign
-12-
<PAGE>
shall be removed at the end of Tenant's leasehold with any damaged
repaired by
Tenant. Landlord shall have Tenant's corporate name printed on
existing sign on
the Demised Premises.
12. If, during the Term of this Lease, the building of which the
Demised
Premises is a part shall be damaged by fire or other casualty and
if such damage
cannot be repaired with one hundred twenty (120) working days of
the usual
working hours, the Landlord shall have the right to cancel and
terminate this
Lease as of the date of the damage by giving the Tenant written
notice thereof
within thirty (30) days after the date of such damage. If such
notice is not
given or if the damage can be repaired within one hundred twenty
(120) days,
Landlord shall restore such building with reasonable diligence, and
if the
Demised Premises is rendered untenantable by such damage, the
Rental shall be
proportionately abated until it is restored. In the event Landlord
determines
that the damage cannot be repaired within the one hundred twenty
(120) working
days set forth above, Landlord shall provide Tenant with written
notice thereof.
Within thirty (30) days after Tenant's receipt of said notice from
Landlord,
Tenant shall have the right to terminate the within Lease by
providing written
notice to Landlord. Furthermore, in the event the damage is not
substantially
repaired within the one hundred twenty (120) working days, then
Tenant shall be
permitted to provide Landlord with thirty (30) days notice of
Tenant's intention
to terminate the Lease. The Lease shall terminate and Tenant shall
vacate the
Demised Premises at the expiration of the thirty (30) day notice
period unless
prior to such date Landlord has substantially repaired any and all
damage.
13. In the event that the Tenant shall remain in the Demised
Premises after
the expiration of the Term of this Lease without having executed a
new written
lease with the Landlord, such holding over shall not constitute a
renewal or
extension of the Lease. The Landlord may, at its option, elect to
treat the
Tenant as one who has not removed at the end of its Term and
thereupon be
entitled to all remedies against the Tenant provided by law in that
situation,
or the Landlord may elect, at its option, to construe such holding
over as a
tenancy from month-to-month and subject to all the terms and
conditions of this
Lease, except as to duration thereof. In the event Tenant remains
in the Demised
Premises with Landlord's consent, during the first three (3) months
of said
holdover period, Tenant shall pay monthly Rental, in advance, at
the rate of
125% of the then existing monthly Rental effective during the last
month of the
Term. In the event Tenant remains in the Demised Premises without
Landlord's
consent, or if Tenant remains beyond the three (3) month period set
forth above
with Landlord's consent,
-13-
<PAGE>
then Tenant shall pay monthly Rental in advance at the rate of 150%
the then
existing monthly Rental effective during the last month of the
Term. Additional
Rental shall continue to be paid as required in this Lease.
14. It is further agreed that if any installment of Rental or
Additional
Rental is not paid within ten (10) days following notice by
Landlord to Tenant
after such payment is due, or if Tenant shall breach any of the
other terms,
covenants, provisions and conditions of this Lease, or the rules
and regulations
hereinafter mentioned, the Tenant shall be in default hereof and
Landlord shall
have available all remedies provided by law. Tenant hereby waives
any
requirement as to notice hereunder and further waives any and all
rights or
claims for redemption of any Rentals or payments or for
repossession of the
Demised Premises or any portion thereof. Notwithstanding the
foregoing, Landlord
shall provide Tenant with written notice of any non-monetary
default and Tenant
shall have thirty (30) days within which to cure said default and
such
additional time as may be reasonably necessary providing Tenant is
promptly,
continuously and diligently pursuing a cure.
15. Landlord, its agents or employees, may enter to clean, examine
and
exhibit the Demised Premises and may make repairs and improvements
therein and
in and to any portion of the building in which the Demised Premises
is located,
and for such purpose shall have the right to install pipes and
wires and
otherwise utilize the Demised Premises, including the right to
break floors,
walls and ceilings, and to move cases, fixtures and floor coverings
when
desirable for such purposes, but same
|